The Japanese Civil Service System
| Author | The National Personnel Authority |
| DOI | 10.1177/002085238204800206 |
| Published date | 01 June 1982 |
| Date | 01 June 1982 |
| Subject Matter | Articles |
The Japanese Civil Service System
UDC : 35.08 (52)
by
THE NATIONAL
PERSONNEL AUTHORITY
I. DEFINITION OF THE NATIONAL PUB-
The Prime Minister (Prime Minister’s Office)
LIC EMPLOYEE AND TYPES OF SER-
is a central agency that carries out the ne-
VICES
cessary coordination and integration concern-
ing policies, programs, etc. developed by min-
A national public employee is one who (a)
istries and agencies of the national govern-
takes charge of the public affairs of the State,
ment for the conduct of personnel manage-
(b) is selected and appointed by the State,
ment.
It has primarily a law enforcement
and (c) is paid compensation by the State.
function in matters related to efficiency, wel-
According to the types of service, national
fare, service discipline, etc.
public employees are divided into two cate-
gories : those in a regular service and those
III. RECRUITMENT, PROMOTION, AND
in a special service. National public employees
RETIREMENT
working in special service include the Prime
Minister, Ministers of State, Commissioners of
1. Principle of appointment
the National Personnel Authority, Judges and
There
other
are a
court of law personnel, Diet personnel
variety of opinions concerning
the
and most of the Self-Defense Agency’s
legal nature of the act of appointment
per-
sonnel.
depending on how relations between the &dquo; pub-
lic interest &dquo; and &dquo; individual liberty &dquo; are re-
The National Public Service Law (herein-
cognized, but it is appropriate to interpret it
after referred to as &dquo; the Law &dquo;) applies only
as a special act which requires the consent
,
to those in a regular service.
of the other party, that is, the person seeking
The distinction between full-time employees
government employment.
and part-time employees is based on working
The principle of equal treatment is pro-
hours. Part-time employees are further divided
vided for in Article 27 of the Law, and this
into (1) advisory personnel such as committee
corresponds to the provision of the Constitu-
members, advisers and councillors and (2)
tion of Japan specifying that &dquo; all of the people
those who are outside the personnel ceilings,
are equal under the Law &dquo;.
There are penal
fixed by law, and are subject respectively to
provisions for violation of this Article.
different patterns of service discipline.
Article 33, paragraph 1 of the Law provides
II. CENTRAL PERSONNEL AGENCIES
that the basic norm for appointment and dis-
missal should be based on the merit principle.
The National Personnel Authority is the
There are penal provisions for violation of
central personnel agency of the Japanese Gov-
the Law on these points.
ernment, and since 1965 the Prime Minister
(Prime Minister’s Office) has also been a cen-
The basis of appointment is the demonstra-
tral personnel
tion of the candidate’s abilities
agency.
to meet the
qualification requirements, such as his special-
The National Personnel Authority, referred
ized knowledge and skills in various fields of
to as the Authority, is a commission type of
administration separated from politics, with
agency composed of three Commissioners, and
personal considerations being excluded.
carries out, as a central agency, fair and just
administration of personnel based on scientific
The methods of identifying the demonstrated
principles. Its tasks include law enforcement,
abilities are the examination and evaluation
the making of recommendations, and quasi-
of qualifications and/or experience.
legislative and quasi-judicial functions in the
This principle acts, at the same time, as
entire field of personnel administration, rang-
a system for guaranteeing employee status.
ing from compensation and other working con-
ditions such as examination, appointment and
Appointment (initial appointment, promo-
dismissal to the dispositions of employee
tion, demotion, or transfer) is made when a
grievances.
vacancy occurs.
145
Article 38 of the Law provides reasons for
rules, etc., can be appointed, and appointment
disqualification, and any person falling under
may be effected from amongst eligible can-
one of these headings is ineligible for appoint-
didates certified from a list of eligibility in
ment to a position.
accordance with established principles.
A
person who is not of Japanese nationality
When a person is newly appointed or pro-
is ineligible and cannot sit an entrance exam-
moted, he serves for a trial period of not less
ination under the examination procedures.
than six months. In the case of an initial
appointment, a person engaged for the trial
2. Recruitment
period does not have the guaranteed status
enjoyed by employees.
Initial appointment is made on the basis of
competitive examination or in exceptional ca-
3. Promotion
ses, on evaluation.
It is provided for by the Law that pro-
Types of examination include written exam-
motion of personnel shall be based either on
inations, experience ratings, performance ra-
competitive examination amongst incumbents
tings, oral examinations, physical examination
of government positions of levels lower than
and other methods by which it is possible to
those under consideration, or on an evaluation
evaluate objectively the ability of the candi-
on the basis of the past service record of
date to perform official duties.
such incumbents. In most cases, promotion
is based on the latter.
Examinations are given as provided for
under the rule of the Authority, in accordance
4. Retirement
with Article 42 of the Law.
At present, an elderly employee is gen-
Prerequisites of eligibility for the examina-
erally retired by each ministry and agency
tion and disqualification clauses are restricted
on a recommendation to the individual em-
to a minimum in deference to the ideas of
ployee concerned in compliance with a stan-
&dquo; equal opportunity &dquo; and &dquo; open door &dquo; pro-
dard age determined by his type of occupation
vided in Article 44 of the Law.
and level of position, and taking into account
such actual conditions as the employment situa-
The time and place of the examination are
tion, etc.
This practice has fulfilled its
fixed in such a way that all those presumed
prescribed function in pressing forward with
qualified to sit the examination have reason-
staff replacement in the public service despite
ably access.
its unavoidable limitations due to the lack of
The principle governing the entrance exam-
a legal power of enforcement. However, de-
ination, as provided for in the Law, is that such
spite the fact that a large number of
retired
an examination should be open to all citizens
employees are ordinarily reemployed
in the
on equal terms and that due publicity should
private sector, partly because of the
be given to important m atters concerning the
limited labor market for elderly people in
examination.
recent years, it is now considered difficult for
the retirement recommendation system to per-
The names and examination marks of those
form its proper functions. Therefore, a law
who have successfully passed the examination
has been enacted, which provides that, in
are entered into the list of eligible candidates
principle, the retirement age shall be fixed at 60
in the precise order of their marks. The list
for most employees. It will come into effect
is valid for a minimum of one year.
on March 31, 1985. Accordingly, employees
who have reached retirement
The
age will retire
power of appointment is vested in the
head of each
on the
ministry
following March 31st or, if earlier,
or agency. The power
on the day
to order
specified by the appointing officer.
temporary retirement, reinstatement,
retirement and dismissal as well as the power
The fixed age retirement system, which aims
to administer disciplinary punishment belongs
at securing planned and stable personnel man-
to the appointing officer.
agement as well as the promotion of proper
staff
The
replacement, is to be applied to all per-
power of appointment may be delegated
manent
to high-ranking personnel within the ministry
...
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